Lepere v Lepere (MA 34/2020 (arising in MC 08/2017)) [2020] SCSC 543 (8 July 2020)

Lepere v Lepere (MA 34/2020 (arising in MC 08/2017)) [2020] SCSC 543 (8 July 2020)

The applicant failed to demonstrate substantial loss, special circumstances, or that the appeal would be rendered nugatory without a stay. The partition was based on his own proposal, the respondent is not impecunious, and no substantial question of law arises. Therefore, the stay is refused.

Citation
[2020] SCSC 543
Parties
Applicant: Daniel Lepere; Respondent: Patrick Lepere
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 July 2020
Case Number
MA 34/2020 (arising in MC 08/2017)
Procedural Posture
Civil Application / Ruling on Stay of Execution Pending Appeal
Outcome
Application for stay of execution dismissed with costs
Legal Topics
Stay of Execution, Partition of Property, Appeal Procedure
Source Language
English
Civil Procedure Property Law Stay of Execution Partition of Property Appeal Procedure

Case Brief

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Parties

Daniel Lepere

Applicant

Patrick Lepere

Respondent

Procedural Posture

Civil Application / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the partition order pending appeal

Ratio Decidendi

The applicant failed to demonstrate substantial loss, special circumstances, or that the appeal would be rendered nugatory without a stay. The partition was based on his own proposal, the respondent is not impecunious, and no substantial question of law arises. Therefore, the stay is refused.

Court Disposition

Application for stay of execution dismissed with costs

Orders

  • Stay of execution dismissed
  • Applicant to pay costs